Vimal Mahila Souhard Credit ... vs Sri Vinayak Ganagadhar Patil
2023 Latest Caselaw 3029 Kant

                                                     -1-
                                                              CRL.A No. 2742 of 2010




                                  IN THE HIGH COURT OF KARNATAKA

                                            DHARWAD BENCH

                               DATED THIS THE 8TH DAY OF JUNE, 2023

                                                  BEFORE
                               THE HON'BLE MR JUSTICE ANIL B KATTI
                               CRIMINAL APPEAL NO. 2742 OF 2010 (A-)
                        BETWEEN:

                        VIMALA MAHILA SOUHARD CREDIT CO-OPERATIVE LTD.,
                        168/4A, TASHILDAR GALLI, BELAGAVI,
                        REPRESENTED BY ITS MANAGER/SECRETARY,
                        SMT. RESHMA MOHAN SHET,
                        AGED ABOUT 34 YEARS, OCC: MANAGER,
                        BELAGAVI.


                                                                        ...APPELLANT

                        (BY SRI. H. M. DHARIGOND, ADVOCATE)

                        AND:

                        SRI. VINAYAK GANGADHAR PATIL,
          Digitally     AGED MAJOR, OCC: BUSINESS,
          signed by J
J
          MAMATHA       R/O H.NO. 294, PATIL GALLI,
MAMATHA   Date:
          2023.06.13    M-VADAGAON, BELAGAVI.
          12:25:10 -
          0700


                                                                      ...RESPONDENT

                        (BY SRI. VITTHAL S. TELI, ADVOCATE)

                              THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C.
                        SEEKING TO SET ASIDE THE JUDGMENT DATED 30.1.2010, PASSED
                        BY THE JMFC-II BELAGAVI, IN CC NO. 79/2007, TO SUCH OTHER
                        RELIEF/S AS THIS HON'BLE COURT MAY BE PLEASE TO DEEMS FIT
                        IN THE CIRCUMSTANCES OF THE CASE.

                              THIS CRIMINAL APPEAL, COMING ON FOR HEARING, THIS
                        DAY, THE COURT DELIVERED THE FOLLOWING:
                              -2-
                                         CRL.A No. 2742 of 2010




                        JUDGMENT

Sri.H.M.Dharigond, learned counsel for the appellant is

present.

Learned counsel for the respondent is absent.

Appellant/complainant is challenging the judgment of

acquittal passed by the trial Court on the file of II JMFC,

Belagavi, in C.C.No.79/2007 dated 30.01.2010.

The order sheet dated 19.09.2020 would go to show that

the matter was settled between the parties for Rs.40,000/- and

accordingly criminal appeal was disposed of in terms of joint

memo. However, it is reported by the office that in spite of

sufficient time given and communication to the parties, the

parties have not come forward to file joint memo. Hence,

matter was again ordered to be listed before this Court on

19.09.2020.

In view of above recorded proceedings it would go to

show that though matter was settled before Lok-Adalath but it

was not materialized by filing joint memo and completed the

process of settlement. Hence, appeal has to be heard on

merits.

CRL.A No. 2742 of 2010

However, the learned counsel submits that parties are not

reachable to him. Matter is of the year 2010, no grounds to

grant further time. Hence, appeal is dismissed for non-

prosecution.

(Sd/-) JUDGE

AC